EU Tells US: End Mass Spying

Responding to surveillance revelations, EU officials seek changes in commercial and law enforcement data sharing arrangements with the US.

The European Commission, the EU's executive body, is demanding that the US respect the privacy rights of EU citizens and is seeking changes in its commercial and law enforcement data sharing arrangements with the US to "restore trust."

The Commission on Wednesday issued a strategy paper, an analysis of the Safe Harbor agreement that governs international commercial data flows, and a Data Protection report, among other documents, in response to ongoing revelations about the extent of US surveillance.

"Massive spying on our citizens, companies and leaders is unacceptable," said EU Justice Commissioner Viviane Reding in a statement. "Citizens on both sides of the Atlantic need to be reassured that their data is protected and companies need to know existing agreements are respected and enforced."

The Commission's concern about loss of trust translates into potential loss of revenue. The Information Technology & Innovation Foundation (ITIF), a Washington-based policy research group, projects US IT industry losses of $22 billion to $35 billion by 2016, because foreign businesses and governments fear having their data scoured by US intelligence agencies.

Add to that the certainty that other government intelligence agencies are doing the same thing, or at least trying to, and the entire premise of cloud computing crumbles. Without a foundation of trust and a legal framework that exists in full public view and protects rather than yields, there's a strong impetus to avoid the cloud and rely only on internal corporate computing resources.

Though the EU says the Safe Harbor agreement governing commercial data sharing "cannot be maintained," it doesn't appear to be threatening to rescind the agreement. Rather, it seeks to improve it with stronger protections for EU citizens, principally a path for judicial redress. The US Privacy Act of 1974 protects US citizens and legal permanent residents, but not EU citizens.

The Commission has made 13 recommendations about how to improve Safe Harbor. The recommendations cover privacy dispute redress, privacy policy transparency, privacy enforcement mechanisms (like compliance audits), and limitations on exceptional access by US authorities (only when "strictly necessary or proportionate," as if such assurances hadn't already been offered).

Changes in the way data is handled and accessed in the EU and US will depend on the EU data protection rules revisions currently before the EU parliament and the US review of national surveillance activities, both of which are ongoing. US lawmakers continue to debate whether and how to reform NSA data collection.

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"To avoid such inefficiencies, the only thing that will work is for NSA, GCHQ (UK) and DGSE (France) etc that are all in violation of EU's 'sincere co-operation' treaty to come together and discuss ways to collaborate, and finish inefficiencies."

I know. Do you really, really, really believe that the EU, where you find the most transparent, peaceful, and less corrupted countries in the world (there is proof about this) Why should the EU represent a thread to the US? Do you believe that? Why should citizens from these countries should be denied their privacy? Why? Why do you agree with this?

Susan, the $22 billion to $35 billion that the US IT industry is going to lose is not going to be completely lost, as some of it Canada and EU etc will gain. On a global level some of this is going to be convert into deadweight lose because of inefficiency.

To avoid such inefficiencies, the only thing that will work is for NSA, GCHQ (UK) and DGSE (France) etc that are all in violation of EU's 'sincere co-operation' treaty to come together and discuss ways to collaborate, and finish inefficiencies.

So we want a National Security Agency that's not allowed to venture outside the US? It's charged with ensuring national security, not policing the 50 states. Most of the people who threaten US security are outside its borders, not inside.

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